• Rocky River, OH 44116

Law Office of Susan M. Gray

Attorney at Law

Home New 13 Page

New 13 Page

Chapter 13 Bankruptcy Introduction

A Chapter 13 Bankruptcy can be an excellent remedy for debt relief because it offers so many options not available in a Chapter 7. If you own a home for example, in a Chapter 13, instead of having to pay the entire mortgage amount you’re behind in one lump sum as demanded by the mortgage companies, you can make gradual repayments. A Chapter 13 plan can give you a full five years to catch up.

In Ohio, specifically the Cleveland and Lorain areas, you can stop a foreclosure sale of your home. Under the protection of the Bankruptcy Automatic Stay, you can also exercise your rights to demand an accounting for all the payments you made, and proof of all charges claimed by your mortgage lender. These are just some of the Chapter 13 benefits for homeowners.

If you wish to keep your car, but have fallen behind on its loan payments, the Chapter 13 option can also benefit you. Especially if you have borrowed with a high-interest-rate and your car is “underwater.” This happens a lot. When seeking the best deal on a car, buyers are often at a disadvantage because a dealership’s finance people “fast-talk” to get the sale. After three years of making payments, it’s possible you owe more than the car is worth. A Chapter 13 can help you keep your car.

In addition to home mortgages and vehicle loans, the Chapter 13 can also help with other types of creditors who are demanding unpaid debts. Take advantage of my free initial consultation. When we meet, I’ll learn more about your financial situation and goals, then I can work on a bankruptcy plan that works for you.

Below are some frequently asked questions or FAQs, if you’d like to read more.

Commonly referred to as a "wage earners" bankruptcy, a Chapter 13 allows a financial reorganization, so you can get your debts and finances under control and get a fresh start once the process is complete.

Most or all of your unsecured debts can be discharged at the end of the bankruptcy process. Medical bills, credit cards, foreclosure, repossession, and other financial problems can be resolved with the help of Susan, an experienced Chapter 13 Bankruptcy attorney.

Along with the Bankruptcy Trustee and your creditors, she works to develop a payment plan based on your specific income, debts and other financial factors. A plan can last from 3 to 5 years. When your Chapter 13 plan is finished, any unsecured debts that you have left, like credit cards or medical bills, are discharged or eliminated.

With a chapter 13, you decide whether to keep making payments on your secured debts, like mortgages and vehicle loans, or give up the property and owe nothing if the creditor sells the property for less than what you owe.

Your planned Chapter 13 monthly payment depends on your income, not the amount of your debts and financial obligations. The Bankruptcy Trustee will deduct and allow you certain living expenses, determined by national and local standards.

The Trustee will deduct other financial obligations from your income, such as child or spousal support payments owed, mortgage and auto loan payments, and tax debts. These payments will continue to be made by the Trustee.

Once all of your expenses and financial obligations are deducted from your income, the remaining amount is what you pay the Bankruptcy Court each month during your Chapter 13 plan. This amount is distributed to your creditors by the Trustee.

In a Chapter 13 Bankruptcy, you can choose to keep your home and/or your vehicle, but in your bankruptcy plan, you'll need to make planned payments on them each month. If you choose to give up property, after it is sold, any remaining balance you owe is eliminated at the end of your bankruptcy plan.

Attorney Susan Gray can help you decide if it's best to continue paying on these debts or not. Car or truck loans, and home mortgages are secured by the properties, so if you keep one or more of them, you make planned payments through the Bankruptcy Trustee.

A Chapter 13 Bankruptcy is a difficult and complex process, and it can be hard to navigate. There are specific rules, requirements and regulations that must be followed at each step of the Chapter 13 process.

One mistake can be disastrous to your financial future. Here's why. Creditors will fight in order to get bigger payments from you, and even a small oversight or minor mistake can cost dearly, if a Chapter 13 case is dismissed. You can even be prevented from filing for bankruptcy protections for a specified time.

Not all lawyers are the same. Some practice bankruptcy law part-time. Susan Gray is a full-time bankrupcy lawyer, and she's expert in the Bankruptcy Codes. She knows the ins and outs of Chapter 13.

Request a callback to schedule a free, initial consultation with her.

Below are academic resources:

M. Erik Clark “Chapter 13 Bankruptcy”. Borowitzclark.com https://www.borowitzclark.com/practice-areas/chapter-13-bankruptcy/ . Accessed 7/17/2020.

Carla Fried “Bankruptcy: Chapter 7 vs Chapter 13.” Experien.com https://www.experian.com/blogs/ask-experian/bankruptcy-chapter-7-vs-chapter-13/ . Accessed 7/17/2020.